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    September 18, 2024
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    Divorce, family law
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    Yina Finch

What You Should Know About Getting Divorced in Your 50s in King County

When spouses over the age of 50 get divorced in Washington state, it’s important for both parties to take steps to protect their financial assets to ensure a stable future. Reach out to a dedicated and caring Seattle divorce attorney today to learn more.

Relationships can end at any time and for any number of reasons. Whether your marriage or long-term partnership has lasted for several decades or a handful of months, the decision to go your separate ways is rarely an easy or straightforward one. Even if you and your spouse agree that dissolving your marriage is your best option for moving forward into your independent futures, it’s natural for disagreements and complicated emotions to arise during the divorce process. Although negotiating a fair and equitable divorce agreement is essential for any divorcing couple, older individuals should pay particular attention to taking purposeful steps to protect their financial assets to support their post-divorce standard of living. In recent years, the number of divorces involving older individuals has grown steadily. According to the latest research on the phenomenon known as “Gray Divorce,” “By 2010, 27 percent of divorces were among those age 50 and older; by 2019, it grew to 36 percent.” There are many reasons why we are seeing such a notable rise in divorces among older couples; marriage at a young age and the waning social stigma around divorce are both factors that appear to influence the uptick in gray divorces throughout the country. 

If you are over the age of 50 and you are beginning to explore your divorce options in King County, it’s important to understand some of the unique challenges of divorcing in your 50s. Enlisting the guidance of a knowledgeable and empathetic Seattle divorce attorney is the best way to ensure that you can minimize any potentially detrimental effects on your finances, retirement plans, and career stability along the way. When you contact the Hemmat Law Group, you can rest assured that your well-being is in excellent hands. Not only do our dedicated attorneys know how to help you achieve your divorce goals, but our team of legally-focused strategists and life coaches are ready to provide you with top-notch and personalized emotional and mental health support during this challenging time. Let’s take a look at some of the most important things you should know about getting divorced in your 50s and the steps you can take to set yourself up for a bright and stable future.

Why Divorce at 50 is Becoming More Common in Washington State

Many people who are 50 or older belong to the “baby boomer” generation. Generally speaking, baby boomers tended to marry young (typically in their early 20s). Marrying young increases the likelihood of divorce, so many older individuals have found themselves drifting apart and considering their divorce options. Moreover, older individuals may be in their second or third marriages, and the divorce rate for subsequent marriages is higher than that for first marriages. There are several other reasons why divorce in your fifties is becoming more commonplace, such as an increased social awareness that marriage is not for everyone and a growing desire to live independently. Older couples may also find themselves exploring the prospect of divorce once their children have moved away. No matter what your reasons may be for seeking a divorce at 50 or older, it’s important to work with a highly qualified and empathetic Seattle divorce lawyer who can help you articulate your divorce goals and implement strategies to help you achieve them.

Divorce Challenges For People Over 50

Although the idea of moving through the divorce process can be overwhelming for anyone, there are special considerations for older individuals who often have accumulated more assets than younger couples. Divorces among high-net-worth individuals can be particularly stressful, as the sheer number of assets typically requires more time and focus to address during the divorce or legal separation process. Below are just a few of some common later-in-life divorce considerations to familiarize yourself with as you start to contemplate your divorce options in the greater Seattle area.

Home Ownership and Rental Property Negotiations

By the time you are in your fifties, you and your spouse have likely been homeowners for many years. In fact, you may have also acquired additional properties along the way, such as a vacation home or rental property. As you negotiate the division of your marital property, you will need to decide what to do with these properties and allocate them equitably (which does not automatically mean an even fifty-fifty split). For instance, one spouse may decide to remain in the family home, while the other may maintain control of the rental property or decide to sell it and keep the proceeds as part of the divorce agreement. These negotiations can be nuanced and complex, as you may need to address complicated topics such as eligibility for reverse mortgages, tax benefits or considerations, and anticipated income from rental properties. The highly skilled and caring divorce attorneys at the Hemmat Law Group are ready to answer your questions and advocate for your best interests at every opportunity. 

Retirement Plans and Pensions

Divorce in your 50s also means that you will need to consider the impact of this process on your retirement plans. As a community property state, Washington considers any assets acquired by either spouse during the course of their marriage to belong to both parties in equal measure. In other words, your spouse’s retirement benefits also belong to you, and you will need to determine how to handle retirement assets as part of your divorce negotiations and property division discussions. These conversations can be especially crucial in situations where one spouse has planned for retirement and invested heavily, while the other spouse has little to no retirement savings because they decided not to work in order to care for the home or raise children. Your knowledgeable and empathetic divorce lawyer can help you explore strategies for ensuring financial stability as you lay the foundation for your post-divorce life.

Career Stability and Other Financial Considerations

Getting divorced in your 50s means that you are nearing the waning years of your employment. Divorce can be especially worrisome for spouses who have given up careers in order to raise children, volunteer, or maintain the home. During the marriage, these spouses could rely on the stable paycheck of the working spouse to provide financial stability. However, once the divorce ends the marriage, this spouse loses the strong economic security they used to have. Your dedicated divorce attorney can work hard to advocate for your financial well-being by seeking a spousal maintenance agreement and negotiating a fair and equitable division of marital assets that enables you to begin the next phase of your life from a secure foundation.

How to Survive a Divorce at 50 in Washington State

Ending a marriage encompasses so much more than the logistical considerations and negotiations. While you will be caught up in the details of dividing your property, determining child custody arrangements, and addressing the practicalities of your divorce, it’s essential to acknowledge the emotional weight of this challenging process. Even if you feel hopeful that divorcing your spouse will allow you to enjoy an independent life or move into a new romantic relationship, experiencing a sense of loss and mourning over the ending of this important chapter of your life is natural and understandable. Let’s take a look at some ways you can ease the transition from married life to post-divorce life and set yourself up for a hopeful and bright future.

Feel Your Emotions

At the end of the day, we are human beings that experience powerful emotions. While coping with a sudden flood of anger, grief, or sadness can be inconvenient, it’s important to acknowledge your feelings and allow yourself the time and space to work through them. You may find it helpful to go for periodic walks around the neighborhood, keep a journal, or take a mindfulness or meditation class to help you sort through the emotional impact of this major life change. 

Find Support 

Friends and family members can be an invaluable resource during this overwhelming and isolating time. As you grieve the loss of one relationship, it’s important to surround yourself with other people who love and support you. You can also seek out the help of a mental health professional who will provide you with the resources and tools you need to navigate this turbulent period in your life. Most importantly, remind yourself that you are never alone—a caring friend or compassionate therapist is always a phone call away to help you when you need it most.

Empower Yourself to Move Forward 

Sometimes, the seemingly endless negotiations and decisions required of you by the divorce process can make you seem powerless over your life. However, adjusting your mindset to view each decision as a step to laying the foundation for your post-divorce future can empower you to proceed with confidence. At the Hemmat Law Group, we’re proud to be Seattle’s only law firm with dedicated legal professionals and mental health strategies to accommodate the wide-ranging needs of our clients. We see you as so much more than a case to represent—your mental and emotional health matters to us. We encourage you to contact our office today to learn more about our comprehensive services that we can customize to address and serve your unique needs. 

While the prospect of wading through the divorce or legal separation process in King County can be daunting and even intimidating, enlisting the guidance of an experienced and caring Seattle lawyer can provide you with the support and confidence you need to move forward. Please call the Hemmat Law Group today at (206) 682-5200 to learn more about your divorce options in Washington state.

We Help Good People in Bad Situations

The Hemmat Law Group (HLG) was founded in 1994 by Steven Amir Hemmat, a former DOJ Trial Attorney. We specialize in family law, supporting victims of the legal system.

Divorce and Separation

The Hemmat Law Group help good people in bad situations.

Our divorce lawyers provide expert legal advice for all aspects of divorce, including child custody, support and property division. Contact us today.

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Article by Yina Finch
Counsel